A key component when purchasing a property at a Trustee Sale (or any sale for that matter) is to research the chain of title. You can typically purchase a ‘”limited title report” for $80.00 to $110.00.

The purpose of this title report is to ensure several things. One, we want to confirm that the foreclosing lender is in first position and secondly are there any property tax, mechanic or IRS liens attached to the property.

Keep in mind we’re buying a “lien” vs a “property”. Not doing the proper research could cause us to buy all “liens” without our knowledge and drastically increase our liabilities and responsibilities.

IRS liens are rarer but more important. Per the IRS redemption rights, it states the property can be seized 120 days of notification of the Trustee Sale. Note the redemption period starts upon IRS being notified.

Verifying liens can be somewhat tricky, especially mechanics liens. Once you verify the lien you will then have to locate the contractor and try to reach a settlement prior to bidding on the property. You also might consider the services of an attorney at this point. If this doesn’t work or you feel uncomfortable, passing on the property might be your best option.

A home going to foreclosure almost always has State property tax liens. These liens usually don’t hurt the profit margin of the investor. They also do not need to be paid up front at the time of the Trustee sale. This type of lien usually has less cost factors than the other types of liens.

Trustee Sales in Arizona can help investors and homeowners gets great prices on homes in the Phoenix area but you need to do a little homework regarding the value of the property and the liens being purchased and acquired by the successful bidder.

With the over-correcting of property prices due to the boom in 2005, buying Arizona Real Estate can be a fruitful experience. Arizona has some of the lowest prices per square foot in the nation.

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Just imagine buying a home and getting into financial trouble. You try to sell your home to no avail. So you decide to “wash your hands” and walk away. The home forecloses and all of sudden you’re served a judgment to pay thousands of dollars. This is what the new Arizona’s anti-deficiency statue addresses.

The law which takes effect September 30, 2009 prevents a bank from going after the borrowers assets, such as cars and bank accounts once the home is foreclosed upon. The statue addresses two major factors, the type of owner-occupancy and the type of loan. Based on these two type will determine if the law applies.

As for the dwelling, the home must reside on 2.5 acres or less and either a single family home or multi-plex property. It has to be a “primary” residence or at least lived in by the original owner for a period of at least 6 months. Since the law requires some form of occupancy that mean the law does not apply to homes under construction. That means there will have to be a “Certificate of Occupancy” attached to the home.

Investors beware. If the investor does not occupy the residence for a minimum of six months and there is a second lien on the property, such as a home equity line of credit, the investor could be liable for any unpaid debt or deficiency arising out of the trustee sale. This means that after the Deed of Trust is recorded after the trustee sale is completed, the bank could file a judgment or lawsuit against the investor for any remaining debt.

A “non-recourse” loan means the lender cannot pursue a deficiency against the borrower or homeowner. The only recourse the lender has is to repossess the property.

A bank only has the option of repossessing the property if the guidelines don’t meet the Arizona anti-deficiency law. Under this circumstance, it would be a “non-recourse” loan. The bank only has one option, and that is foreclosing on the home and cannot go after any assets of the homeowner.

A “purchase money” loan would also be considered a “non-recourse” loan. This is a 1st position loan and the entire loan was established and secured a Deed of Trust at the time of initial ownership.

A good analogy of a “recourse” loan would be a line of credit from the bank. The bank loaned the homeowner money and used their home as collateral. This loan was acquired AFTER a Deed of Trust was initially established. Therefore the bank could pursue a judgment or lawsuit against the homeowner. One of the main reasons this law was re-addressed after being in effect since 1990, was the 2nd mortgages that were being borrowed by the homeowners and the today’s market value on a home is substantially less than what is owned of the 1st mortgage, meaning the 2nd is not getting a dime in return.

Arizona Trustee sales have several benefits that outweigh the risks. Mastering the first step in winning a successful bid at a Trustee Sale can place you in a positive equity position.

You are buying liens not properties when you purchasing through a Trustee Sale. If research is not done properly you could be buying additional liens in addition to the first lien and would have the obligations of paying all liens in full.

Doing the proper research and having the knowledge of title will lower your risks and potential ramification. Property tax liens are more probable and less of a liability than an IRS lien. Once liens are verified then you can feel more comfortable with moving forward to the next step.

Remember you are buying the property in an “As-Is” condition. There will be no inspection periods, no termite inspections, no home or seller warranties and no title insurance.

Be prepared to have a cashier’s check in the sum of $10,000. This will be mandatory as an earnest deposit. These funds are given to the trustee at the time of winning the bid. If you have second thoughts or do not close the transaction the following day, you will forfeit your $10,000 and could face possible legal ramifications.

Getting around the cash needed in 24 hours is usually done thru a pre-determined hard money lender. The interest rates are high but you don’t need the money for long. Usually less than 30 days as you will refinance out of the hard money into a conventional loan. And yes, you do need a down payment.

Most homes that you purchase at the Trustee sale will need at least paint, carpet and miscellaneous repairs. However, when purchasing at the Trustee sale you are buying a property for under today’s market value and have already calculated the potential work that needs to bring the home up to standard.

Most investors or buyers will not pay over 70% of market value. Keep in mind if you refinance the note using a conventional mortgage they only lend 80% of value.

How long does it take to close on a home from time of contract to close of escrow? 2 months . . . .4 months. . . . .6 months? Even though there are some new and positive guidelines for Fannie Mae and Freddie Mac, these new requirements will most likely lengthen this time frame. I also see more confusion in the real estate market and finance industry. Let’s try and put some light on these new changes.

One of the new requirements is banks, mortgage companies or lenders are required to receive a copy of a real estate purchase contract and all addendums associated with the contract prior to completing an appraisal report. Why this wasn’t a guideline from the beginning is beyond me. Any amendments to the purchase contract prior to the appraisal must be submitted to the appraisal company immediately.

Appraisals that only value a portion of a parcel are forbidden. The comparative market analysis by the appraiser has to include the entire parcel of the subject property or parcel of land. The key word here is “entire”.

Sellers beware! If you thought the foreclosed property next door in your neighborhood was not included in the market value of your home, think again. REO’s, short sales and foreclosed homes now have to be considered by the appraiser in determining the market value of your home. The appraisal companies in the past were ignoring the REO’s, short sales and foreclosures.

You would think “common sense” would be considered in any new rules or guidelines. Here is another new guideline that is mandatory. If the appraiser has any financial interest in the transaction, the appraisal has to be verified by a third party who is “arms-length” from the transaction.

Any major repairs have to be considered in the appraisal. Now what a brilliant idea! The appraisal cannot be completed until these repairs are finished. Anyone ever heard of the FHA 203K loan?

Supervisory authorities can no longer sign off on completed appraisals without reviewing the subject property themselves. The supervising appraiser has to personally review the property before agreeing to sign off on an appraisal completed by one of their employees.

The main purpose of some of these new guidelines that are revised in the Home Valuation Code of Conduct, was to eliminate or stop any “influence” that may have been considered when determining the market value of a home. Although there are some valid and good changes, the parties to a transaction still need to be concerned if this will prolong transaction even more in the real estate market.

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Purchasing property via a Trustee sale has some benefits that outweigh some of the risks. Knowing the basic process is the first step in a successful winning bid and a home with instant equity.

You are buying liens not properties when you purchasing through a Trustee Sale. If research is not done properly you could be buying additional liens in addition to the first lien and would have the obligations of paying all liens in full.

Doing the proper research and having the knowledge of title will lower your risks and potential ramification. Property tax liens are more probable and less of a liability than an IRS lien. Once liens are verified then you can feel more comfortable with moving forward to the next step.

We’ve all heard the term “As-Is”. You can rest assured when buying a home through a Trustee Sale, the property will be sold “As-Is”. That means there will be no inspections, home or termite, and no buyer or seller warranties. There will also be no title insurance.

Once you win the bid, your bid deposit of $10,000 in the form of a cashier’s check is handed to the trustee. If you fail to close the transaction the following day, you will lose your deposit and possibly face additional legal ramifications.

Getting around the cash needed in 24 hours is usually done thru a pre-determined hard money lender. The interest rates are high but you don’t need the money for long. Usually less than 30 days as you will refinance out of the hard money into a conventional loan. And yes, you do need a down payment.

Once you purchase the home chances are they will require some maintenance. Most repairs will be cosmetic such as paint, carpet and drywall repair. You will need to bring the home up to standards before renting or selling the home. A percentage of the costs of repairs is usually decided or allotted prior to placing the bid and keep in mind you are buying a home with instant equity.

A buyer at a Trustee sale will never pay more than 70 percent of market value. A conventional mortgage will only loan 80 percent of the value in a refinance.

Unfortunately, Arizona short sales are not going away any time soon. At first, we as real estate professionals and buyers tried to ignore them and pass them by, but there are so many Arizona short sale homes on the market today, that our buyers are left with very few homes to choose from if short sales aren’t considered in the selection process.

If we take a positive approach, short sale transactions can be less painful and frustrating. Knowing the right questions to ask before writing an offer can give you and your buyer more leverage. To limit the amount of aggravation, disappointment and time for all parties, can be accomplished if we take the right approach from the beginning.

Our clients rely on our expertise, knowledge and experience. The process of purchasing a short sale is much more involved than a normal transaction. It is imperative that we educate our buyers as to this process and have the knowledge to make this a smooth transaction.

Be sure as a real estate agent these questions are asked prior to making an offer on a home: These important questions will help make a successful transaction.

How many mortgage liens are on the property? If you are dealing with more than one lender, such as a 1st Mortgage and a 2nd Home Equity, the short sale may never work. On a short sale, ALL lenders have to be in agreement and approve the short sale.

What is your submission process with multiple offers? The local MLS board has very specific rules about multiple offers. As the buyer’s agent it is imperative you know these rules.

Have you received any other offers? The MLS Rules and Regulations have set rules to follow that address multiple offers. Be sure you and the listing agent are well versed with the rules.

Is the short sale documentation complete? This should be done by the seller with assistance from the listing agent before the home is placed on the market. Offers have no substance and will not be entertained until this short sale package is complete and approved by the lender. A response from the lender on your offer will be a mute point if this paperwork has not been completed.

Arizona’s short sale homes will continue to saturate the market in Arizona for awhile. As a real estate professional, you want to become familiar with these types of questions so they are second nature. By doing so, will eliminate a lot of the frustrations and help determine the time line for you and your buyer when trying to find that perfect home.